Moore v. . Gwyn
Supreme Court of North Carolina
Appeal from the Superior ■ Court of Law of Caswell County at Spring Term, 1844, his Honor Judge Dick presiding. This was an action of detinue to recover three slaves, to wit, Ann, Mary and her child Henry. It was admitted by the parties, that the plaintiff, prior to the year 1837, owned the two slaves Ann and Mary, and that Henry is the child of Mary — and that the defendant is the administrator of of William Dupree, dec’d.
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Appeal from the Superior ■ Court of Law of Caswell County at Spring Term, 1844, his Honor Judge Dick presiding. This was an action of detinue to recover three slaves, to wit, Ann, Mary and her child Henry. It was admitted by the parties, that the plaintiff, prior to the year 1837, owned the two slaves Ann and Mary, and that Henry is the child of Mary — and that the defendant is the administrator of of William Dupree, dec’d. The plaintiff introduced, as a witness, Mrs. Dupree, the daughter of the plaintiff and the widow of the defendant’s intestate, who proved, that her father lives in the…
1Opinion of the CourtRuffin, C. J.
The controversy in this case turned upon the enquiry, whether Dupree received and held the slaves, as a gift or a bailment from the plaintiff. Therefore, although the case does not set forth the particular declarations of the plaintiff, which he proposed to prove by Mrs. Dupree,- we collect, that the object was to shew', that, a week or two before the plaintiff sent the slaves to his daughter or to her husband, he informed her of his intention to send them, and at the same time declared, that he did not intend them to be a gift, but a loan. That this is a just view of the question,-was…
2Cited by2 opinions
- Gurganus v. GUARANTY BANK & TRUST COMPANYSupreme Court of North Carolina · 1957
- Wilson County Board of Education v. LammCourt of Appeals of North Carolina · 1970